Legal Question in Traffic Law in Mississippi

both parties at fault

I had an accident on a rural gravel road. I collided in a narrow curve with another individual. I called the local sheriff's office to have an officer come out. But before the S/O got there the other individual told me he had to leave to pick up his children from school. We exchanged tag numbers,phone numbers, insurance company's etc. When the s/o arrived he was perturbed the other individual left the scene. He stated that the accident looked like we were equally at fault. He said I would be better off if his report wasn't filed because I only had liability and it could make my insurance go up. He said he would hold the report and if the other party wanted to file, he would then issue them a citation for leaving the scene. How does our insurance work when we are equally at fault (assuming he has valid insurance and drivers lincense)concerning payment. Does the other party become more at fault because they left the scene?


Asked on 9/04/02, 9:18 pm

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: both parties at fault

The other party does not become more negligent by leaving the scene. Each party is entitled to recover from the other for all damages caused by the other's negligence, reduced by some percentage of the total fault that is his own responsibility. In other words, if both parties are equally at fault, you are entitled to recover 50% of your damages. If you talk to your insurance company, you may find that it will not increase your premiums unless it has to pay the other driver more than a certain amount of money.

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Answered on 9/05/02, 12:35 pm


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